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How to Prove Adultery and Win a Divorce in Oklahoma

How to Prove Adultery

While infidelity is the most common reason for divorce, how to prove adultery and win a divorce in Oklahoma can be tricky. It has to be more than he said, she said. You need to gather evidence when filing for a divorce.

When proving adultery in Oklahoma for a divorce case, cheating affects each of these five areas very specifically. It all comes down to how money was spent and how children were affected.

Divorces involve:

  1. property division
  2. alimony
  3. child custody
  4. visitation for child custody
  5. child support

What are Grounds for Divorce in Oklahoma?

The list is short but is a good place to start. Adultery can overlap with and of the twelve points. Get hard evidence of the overlap. You will find that your case is much stronger.

  1. Adultery
  2. Incompatibility: This is the most common reason for filing. Keep in mind when children are involved. You may be required to attend educational programs on the impact of divorce on children.
  3. Abandonment/desertion for a year or longer.
  4. Impotency: Yes, you could experience this while dealing with adultery. We won’t go into detail but sex comes in many forms.
  5. Extreme cruelty
  6. Fraudulent contract
  7. Pregnant at the time of marriage not by the husband
  8. Alcohol addiction
  9. Gross neglect of spousal duties
  10. Conviction of a felony
  11. Insanity for five years or more prior


What is Adultery?

Adultery Definition: Any voluntary sexual relationship between two individuals if at least one individual is married and the other is not married and is not the individual’s spouse.


Unique Windows of Opportunity

Oklahoma considers evidence of adultery within 6 months of marriage as bigamy. This is a felony in the state. This is huge when it comes to child custody and monetary settlements.

Oklahoma considers cohabitation with another party within 30 days of divorce as adultery.


How to Prove Adultery – Start with the Money

Infidelity alone will not play into how a judge divides the property. Get proof that the cheating spouse’s cheating behavior adversely affected the financial state of the marriage. Now you have something that helps sway division of property and monetary settlements in your favor.


What kind of financial proof helps in an adultery case?

You need to show a lot of diverted money was taken away from the caring of the family and home. You need to show a sizeable diverted amount of money was taken from your mutual life together. Becare full to gather facts that you have a legal right to.

  1. Receipts for gifts, hotels, dinner
  2. Financial data for a love nest
  3. Receipts for travel
  4. Credit card statements for all the above
  5. Keep all these documents


Phone Activity

You cannot open mail not addressed to you. You cannot access a phone that is not yours. Phone records you do not have a right to see are off-limits. They are fair game if you share a plan. In that case, show records of frequent calls and texting to that person. Anything in the trash is fair game. Keep all these documents.


Visual Proof and Eye Witnesses

Show kissing between the cheaters. Show that they spent the night together. Record mileage to show what is above and beyond work and household-related activity. Ask witnesses to write everything down that they saw. Include the day, time and location where the couple had physical contact or snuck away. Does the cheating spouse’s work suffer while they chase their lover? You need to show neglect toward the income coming into the home. See if their use of time and what eyewitnesses have to say all play into this.


How to Prove Adultery – Keep a Log

Record everything. Include dates, times and locations. Keep a log of how much time away your spouse has taken from the marriage.

  • Did they involve the children in subterfuge?
  • When did they forget to pick them up from daycare?
  • Did they miss other times with the children that negatively affect the children?

Get proof and write it down. These last questions will play as a big factor in child custody and visitation rights.


How to Prove Adultery – Getting Help

Emotional strain at times like these makes everything all the more difficult. Get help gathering evidence. A private investigator can do some of the leg work for you. Let Waits Investigations help. It will take some of the pressure off you. We work with your lawyer. Together we can help build the case you need to prove adultery and win a divorce in Oklahoma. Give us a call or email us for more information.

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